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Sandwich Chain Jimmy John’s to Drop Noncompete Clauses From Hiring Packets – WSJ

22 Jun 2016 19:47


The tide continues to turn in the states against employee non-compete agreements. New York, like most states, allows “reasonable” non-competes to be enforced. New York was able to get Jimmy John’s (and Law360 before it) to agree to drop non-competes from their standard employment contracts by arguing that the agreements placed “undue hardship” on employees that outweighed the legitimate interests ...

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Legal Publisher in Settlement to Drop Noncompete Agreements for Employees

15 Jun 2016 15:50


Is the tide turning in New York and Illinois against employee non-compete agreements? This Wall Street Journal article only refers to violations of “New York labor laws” as the focus of the New York Attorney General’s investigation of Law 360’s threat to enforce a non-compete against a former reporter. Since New York contract law permits “reasonable” employee non-compete agreements, it is unclear ...

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Sports Law Biz Podcast 21: Lawyerball with Charles H. Martin

19 May 2016 19:36


In this episode, Peter Ott discusses the MASN television rights fees lawsuit between the Orioles and the Nationals with Charles H. Martin. Charles is the author of Lawyerball: The Courtroom Battle of the Orioles Against the Nationals and MLB for the Future of Baseball. Sports Law Biz blogger and podcaster Peter Ott interviews me for the latest episode of his podcast. ...

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Trade Secrets Law is Now Stronger Than Ever. Will This Lead More States To Invalidate the Less Useful, But More Pernicious, Employee Non-Compete?

12 May 2016 22:24


Trade Secrets Law is Now Stronger Than Ever. Will This Lead More States To Invalidate the Less Useful, But More Pernicious, Employee Non-Compete Agreement? The “Defend Trade Secrets Act of 2016” was signed into law yesterday by President Obama. It creates a new federal private civil action against trade secret thieves. This is a useful alternative to the pre-existing state private civil ...

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Baseball and Your Right to Go to Court

24 Mar 2016 23:25


What does baseball have to do with your right to go to court?  Read Lawyerball to see the arguments that a billion-dollar ball club used to avoid an arbitration result that they said was unfair in procedure and substance. Source: Lawyerball – The Courtroom Battle for the Future of Baseball


Baseball and Your Freedom to Choose Your Work – Pre-Order Lawyerball Before April 4 and Get a Free Book PDF

19 Mar 2016 13:26


Baseball players were prevented from choosing their work for 120 years through the “reserve clause”. Now employers are trying to prevent their employees from being able to choose their work through non-compete agreements. Source: Lawyerball – The Courtroom Battle for the Future of Baseball


Message to the Senate — The UN Convention on the Use of Electronic Communications in International Contracts | whitehouse.gov

25 Feb 2016 16:27


Eleven years after it was approved by the United Nations Commission on International Trade Law, the UN Convention on the Use of Electronic Communications in International Contracts (also known as the “Electronic Contracts Convention”) has been sent by the President to the Senate for ratification. A substantial portion of my book, Every1’s Guide to Electronic Contracts, analyses this Convention. My ...

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In HBO’s “Silicon Valley”, Art Imitates Life

14 Jul 2015 19:13


    In the Season 2 finale of Silicon Valley, Pied Piper’s survival depends on a noncompete clause! I just watched the final episode of Season 2 of HBO’s “Silicon Valley”. Guess what! The survival of the hot startup “Pied Piper” depends on an arbitration of a claim that the startup belongs to a former employer, because the founder used ...

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Mass. Tech Employer Says Noncompetes Hurt Workers and Their Employers

1 Jul 2015 16:13


[The CEO of a fast-growing tech company explains why he eliminated almost all noncompete agreements for his employees.] None of us would tolerate limitations on where we choose to travel or live, yet there is passive acceptance of restricting where we can work….(Click link for full article) Source: Onshape CEO John McEleney: Noncompetes hurt workers and their employers – The ...

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Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC

18 Jun 2015 22:01


Were Duke University and the University of North Carolina wrong to agree to not solicit each other’s employees, or, as this article suggests, did they just do it the wrong way? Unlike California, North Carolina does not have a ban on employee noncompete agreements. Source: Locke Lord QuickStudy: Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC | Locke ...

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Judge Awards Beastie Boys $668,000 in Legal Fees After Copyright Infringement Trial

18 Jun 2015 21:44


  The Beastie Boys won $1.7 million in damages for a copyright violation by Monster Energy. My Newsletter 2 discusses this copyright infringement trial, and the related failed attempt to create a contract through an exchange of emails. See http://bit.ly/1i9kJZE Source: Judge Awards Beastie Boys $668,000 in Legal Fees After Trial


New York Attorney General Questions Revised eBay and PayPal User Agreements That Force Consent to Telemarketing

15 Jun 2015 17:51


New York law enforcement officials wrote the companies’ general counsels this week that the new policy, allowing phone calls for polls or marketing, “raises issues” under consumer protection laws. Source: EBay and PayPal Revise Their User Agreements, and Hit a Nerve – The New York Times


Nike Settles $10 Million Lawsuit Against Designers Accused of Violating Noncompete and Trade Secrets Agreements

15 Jun 2015 17:40


Nike Inc has settled a lawsuit against three former shoe designers it had accused of stealing its commercial secrets and taking them to German rival Adidas AG with plans to open a footwear design Source: Nike settles with designers it accused of stealing secrets | Reuters


Can the Senate stop low-wage employers from tying up workers with non-competes?

3 Jun 2015 14:23


U.S. Senators Al Franken and Chris Murphy think so. Today they will introduce  a bill titled the Mobility and Opportunity for Vulnerable Employees (MOVE) Act to try to accomplish this. It would ban noncompete agreements for workers making less than $15 an hour, or $31,000 a year, unless the minimum wage in their jurisdiction is higher. Source: Can the Senate ...

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Want More and Better Jobs? Ban Noncompetes. – Newsletter 7

27 May 2015 14:29


Want More and Better Jobs? Ban Noncompetes. I. The Problems – There are Fewer New Businesses and Fewer Well-Paid Jobs in the U.S. Than Before the Great Recession II. A Solution – Employee Noncompete Agreements Hurt Labor Mobility and Business Formation, and Should Be Banned by State Law III. Noncompetes Proliferate, As Do the Studies That Criticize Them   I. The Problems ...

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Apple and Google Increase No Poaching Lawsuit Settlement 

9 May 2015 15:32


The employee class action lawsuit against Apple, Google, Intel, Adobe and other Silicon Valley tech companies is nearing settlement. The judge approved an increase in the employee damages from $324 million to $415 million. This represents compensation lost by employees who were not hired away by one of the companies from another company because of a secret agreement between them ...

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California Health System Adopts E-Signature Technology

9 May 2015 14:20


The solution helps the Salinas Valley Memorial Healthcare System meet the Electronic Health Records Meaningful Use requirements. Now a hospital system allows surgery consent forms to be signed by e-signature. It reduces paperwork time and costs, and satisfies electronic health records incentives. Source: California Health System Adopts E-Signature Technology


If You Like My Slideshare, Please Vote for My SXSW V2V Panel Proposal by January 23

17 Jan 2015 20:42


I have a new Slideshare presentation “5 Things to Do Before You Start A New Job“. If you like this adaptation of my earlier post “Business Booms Where Employee Noncompetes Are Banned, Fed Study Infers, But Use in U.S. Grows“, please vote for my South by Southwest V2V Panel Proposal before Friday, January 23 at http://panelpicker.sxsw.com/vote/44079. SXSW V2V, “A Boutique Event ...

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A Paris Triumph for Artistic Freedom – With Contract Law – Newsletter 6

16 Jan 2015 17:09


I. Clifford Brown Joins the Lionel Hampton Band Before Hampton Orders a Recording Ban for his European Tour II. Quincy Jones and Clifford Brown Go “Underground” in Paris at Night III. Fame and Jazz Glory – Hampton Threatens to Fire Brown – The Contract Law Solution IV. Coda “You’ve got to keep it going.” – Dizzy Gillespie to Clifford Brown ...

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Business Booms Where Employee Noncompetes Are Banned, Fed Study Infers, But Use in U.S. Grows – Newsletter 5

4 Dec 2014 16:24


Dear Readers, I. What Are Employee Noncompete Agreements, and Why Are They Important? II. Richmond Fed Study Ties Detroit Auto Boom to Michigan Ban on Employee Noncompete Agreements III. Richmond Fed Study Ties Silicon Valley Boom to California Ban on Employee Noncompete Agreements IV. Arguments for Employee Noncompete Agreements V. Arguments Against Employee Noncompete Agreements VI. Increasing Use of Noncompete ...

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Can AT&T Wireless “Throttle” its “Unlimited Data” Customers? – Newsletter 4

25 Nov 2014 21:59


Dear Readers, Here is my analysis of the FTC’s suit against AT&T Wireless. I. FTC Sues AT&T for Deceiving its Smartphone Customers II. How AT&T’s Smartphone Data Throttling Works III. AT&T’s Defense of Adequate Disclosure to Customers IV. What Should AT&T “Unlimited Data” Smartphone Customers Do Now? I. Federal Trade Commission Sues AT&T Mobility LLC in San Francisco Federal Court ...

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Every1’s Guide New Website and Free Info! Now in iBooks+Print! Vote for My SXSW Panel!

29 Aug 2014 16:02


Dear Readers, NEW WEBSITE Since I last communicated with you, I have drastically revised my website, www.charleshmartin.com and www.every1sguide.com. It now includes a video introduction, and links to four free video lessons on “What Makes a Contract?”, “Contract Form Requirements and Electronic Contracts”, “Contract Breach, Remedies and Defenses”, and “International Contracts”. The new website also includes links to free PDFs ...

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Russia Ratifies the U.N. Electronic Contracts Convention – A Step Toward Market-Based Legal Principles? – Newsletter 3

28 Feb 2014 22:58


I. The Purposes and Rules of the Electronic Contracts Convention II. Three Differences Between Common Law and Civil Law Legal Systems III. The Russian Federation Civil Law System Preference for Written Contracts IV. The Russian Federation and Other Ratifications of the CISG Requiring Written Contracts V. The Lithuanian Elimination of Domestic and CISG Written Contract Requirements Follows a Shift From ...

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Q&A With “The Art of Negotiation” Author Michael Wheeler

18 Feb 2014 19:08


Q&A With “The Art of Negotiation” Author Michael Wheeler “Plans are worthless. Planning is everything.” This quotation of General Dwight D. Eisenhower is included in the linked Washington Post interview with Michael Wheeler, Harvard Business School professor, and author of the new book “The Art of Negotiation”. It summarizes Wheeler’s essential advice on negotiations of all types – business, diplomatic, ...

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Percentages of Checking Account Contracts With Required Arbitration in CFPB Sample by Issuer Type

4 Feb 2014 21:21


Percentages of Checking Account Contracts With Required Arbitration in CFPB Sample by Issuer Type Here is a chart of the percentages of checking account contracts with required arbitration by issuer type based on a CFPB sample of banks and credit unions. Extrapolating from the sample and using bank data, CFPB estimates that only 7.7% of banks impose arbitration clauses on ...

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Percentages of Credit Card Contracts With Required Arbitration 2012

4 Feb 2014 20:56


Percentages of CFPB-Filed Credit Card Contracts Requiring Arbitration in 2012 by Issuer Type Here is a second chart of some results from the CFPB Arbitration Study Preliminary Results. Clearly, credit unions were least likely to impose arbitration on consumers and large banks were the most likely to do so….See More — at http://www.consumerfinance.gov/reports/section-1028a-arbitration-study-results-to-date/.


Average Annual Number of Consumer Finance Arbitrations Filed

4 Feb 2014 19:31


This is the Average Annual Number of Consumer Finance Arbitrations Filed with the American Arbitration Association (AAA) from 2010 to 2012: credit cards – 344; checking accounts – 24; payday loans – 46; prepaid debit cards – 1. AAA does almost all of the consumer arbitrations in the U.S. The total number of 415 is very small compared to the ...

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CFPB Arbitration Study Preliminary Results

29 Dec 2013 19:16


The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) requires the Consumer Financial Protection Bureau (CFPB) to study the effects of consumer finance arbitration clauses. These are contract clauses that require any future disputes between consumers and companies to be resolved through private arbitration, rather than in court. Consumers are required to accept these clauses in “take-it-or-leave-it” ...

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Clicking “Agree” Without Reading the Fine Print – Always Enforceable?

29 Dec 2013 17:54


I called in to The Kojo Nnamdi Show in response to the panel’s request to listeners for information about judicial decisions that have invalidated unfair online contracts. I have two chapters in my book, Chapters B.9 and B.11, which describe some U.S. and E.U. judicial decisions that have invalidated such contracts. Chapter A.7 describes U.S. contract law defenses to contract ...

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Yo! Did the Beastie Boys Make a Contract With Monster Energy, or What? – Newsletter 2

5 Dec 2013 05:48


I. DJ Z-Trip Meets Monster in Lake Louise, Canada and in Court II. A Text Message Saying “Awesome!” Created a Million Dollar Contract, So Could DJ Z-Trip’s Email Saying “Dope!” Create a Contract? III. The Basic Requirements for Creating a Contract IV. The Electronic Cigarettes Case Versus the DJ Z-Trip Case as Contract Creation Examples V. Could Monster Energy Have ...

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Your Facebook Status Update Could Cause Your Old Employer to Sue You – Newsletter 1

23 Aug 2013 15:08


I. Employers Go Overboard With Non-Compete Clauses II. The Rise of Non-Compete Clauses in Employment III. The Spread of Non-Compete Surveillance to Social Media IV. The Current Common Law and Statutory Law of Contracts on Non-Compete Agreements V. Pushback in State Legislatures Against Employee Non-Compete Agreements   I. Employers Go Overboard With Non-Compete Clauses Employment contracts that prohibit former employees ...

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